1. (a) Distinct part facilities.

   1. (1) Physical and programmatic separation.

      1. (A) An assisted living facility shall be both physically and programmatically distinct from any residential care facility, nursing home, or hospital to which it is attached or of which it is a part, provided, however, that programmatic separation shall not include social or recreational.
      2. (B)

2. (i) Note. This does not prohibit residents from walking through a community-based residential facility serving similar or compatible population, e.g., the elderly or the physically disabled.

   1. (ii) This does not prohibit independent living and assisted living to be in a combined building or prevent assisted living from occupying apartments scattered throughout a project that combines independent and assisted living.

      1. (iii)
3. (a) (a) This does not require separation between an assisted living facility and housing for the elderly or other purely residential use.

4. (b) (b) For example, assisted living facility apartments may be interspersed with nonassisted living apartments that are nonlicensed, independent living apartments in the same building, and an assisted living facility may share dining room and other common space with an attached apartment building.

   1. (2) Physical separation.

      1. (A)

         1. (i) Residents shall not be required to first enter or pass through a portion of the healthcare facility or community-based residential facility in order to enter an assisted living facility, provided, however, that residents may enter the assisted living facility through common areas (reference the exception noted in subdivision (a)(1) of this section).
         2. (ii) Similarly, persons shall not be required to pass through the assisted living facility in order to enter a healthcare facility or community-based residential facility.
      2. (B) An assisted living facility may share a common lobby and access area of a multipurpose building and may be entered via elevator from the lobby or access area.
      3. (C) A dining room or activity area may be shared.

5. (b) Each assisted living facility must meet the following requirements for resident general use/common areas:

   1. (1) Each facility must have dining room and living room space easily accessible to all residents (reference standards set in subsection (a) of this section);
   2. (2) Common dining rooms and living rooms must not be used as bedrooms;
   3. (3) Dining rooms must be furnished with enough dining tables and chairs to permit all residents to be seated, or to permit one-half (1/2) of the resident census to be seated at one (1) time and allowing facilities to provide dining schedules that allow two (2) seatings per meal;
   4. (4) Dining rooms and living rooms must be available for use by residents at appropriate times to provide periods of social diversion and individual or group activities;
   5. (5) Common area toilet facilities shall be provided to meet the needs of residents, staff, and visitors to the facility and shall be located in areas other than the resident’s apartment or unit;
   6. (6) All resident areas must be painted and appropriately furnished;

   7. (7)

      1. (A) Facilities in buildings constructed after the effective date of this part shall be constructed with hallways/corridors wide enough to allow two (2) wheelchairs six feet (6’) to pass each other.
      2. (B) Facilities in existing buildings that have not undergone substantial renovation since the effective date of this part shall have corridors large enough to meet current egress requirements mandated by applicable codes;

   8. (8)

      1. (A) A minimum of one (1) phone jack must be available in each resident’s apartment or unit for the resident to establish private phone service in his or her name.
      2. (B) In addition, there shall be, at a minimum, one (1) dedicated facility phone and phone line for every forty (40) residents in common areas.
      3. (C) The phone shall allow unlimited local calling without charge.
      4. (D) Long distance calling shall be possible at the expense of the resident or responsible party via personal calling card, prepaid phone card, or similar methods.

      5. (E)

         1. (i) Residents shall be able to make phone calls in private.
         2. (ii) “Private” means placing the phone in an area that is secluded and away from frequently used areas;
   9. (9) Facility’s laundry services area or areas shall meet the requirements outlined in 20 CAR § 411-1003(b);
   10. (10) Facility’s pantry area or areas shall meet the requirements outlined in 20 CAR § 411-1004(j) and (l); and

   11. (11) Facility’s medication storage area or areas shall meet the requirements outlined in 20 CAR § 411-1105.

       1. (c) Square footage requirements for common area living room, dining room, and activities room are as follows for all facilities:

   12. (1)

       1. (A) The living and activity spaces must be separate from the dining room with a combined total square footage of at least twenty square feet (20 ft²) per licensed bed.
       2. (B) Living and activity spaces do not include corridors and lobby areas for the purposes of calculation.
       3. (C) Living and activity spaces may be combined;

   13. (2)

       1. (A) The facility must have at least twenty square feet (20 ft²) of designated dining space per licensed bed if dining will be conducted in one (1) seating.
       2. (B) If dining will be conducted in two (2) seatings, ten square feet (10 ft²) per resident will be required.
       3. (C) Facilities will document their dining seating plan and maintain the documentation for review by the Office of Long-Term Care;

   14. (3)

       1. (A) In facilities that house residents in more than one (1) building, there shall be a living room and/or activities room located in each building with at least ten square feet (10 ft²) per licensed bed with an additional ten square feet (10 ft²) available on the campus in a commons area.
       2. (B) The facility’s ten square feet (10 ft²) per licensed bed in the commons area shall be distinct from any other square footage requirements for other campus programs; and

   15. (4)

       1. (A) In facilities housing residents in more than one (1) building, a single dining room may be used for the complex.
       2. (B) The dining room in a single building facility or a multi-building facility must have at least twenty square feet (20 ft²) of space per licensed bed in the facility.
       3. (C) If dining will be conducted in two (2) seatings, ten square feet (10 ft²) per resident will be required.
       4. (D) Facilities will document their dining seating plan and maintain the documentation for review by the office.

       5. (E) In facilities housing residents in more than one (1) building, protection from the elements of the weather shall be provided for residents who must access other buildings.

          1. (d) Any modification, alteration, or addition must satisfy all physical environment requirements in effect at the time that the modification, alteration, or addition is placed into service and shall meet the requirements of the Americans with Disabilities Act.

Codification Notes: The Americans with Disabilities Act is codified generally at 42 U.S.C. § 12101 et seq.